Heard learned counsel appearing on behalf of the parties.

2. Appeal is admitted.

3. Call for the Trial Court Records of Registration No. 1621 of 2023 arising out of Samastipur Rail P.S. Case No. 57 of 2023 from the court of learned Special Judge (Excise)-2, Samastipur.

4. The present matter is taken on board for considering prayer of bail and suspension of sentence under Section 389 (1) of the Code of Criminal Procedure (in short Cr.P.C.)/Section 430(1) of BNSS as raised through memo of appeal, itself as preferred under Section 374(2) of the Cr.P.C./ Section 415 (2) of BNSS.

The present appeal has been filed by the assessee challenging the impugned order dated 29/02/2024, passed under section 250 of the Income Tax Act, 1961 ("the Act") by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, ["learned CIT(A)"], for the assessment year 2014-15.

2. In this appeal, the assessee has raised the following grounds: -

"1. In the facts and circumstances of the case and in law the learned Commissioner of Income-tax (Appeals) National Faceless Appeal Centre erred in confirming the addition of Rs.54,64,000/- under sec.56(2)(b)(vii).

2. In the facts and circumstances of the case and in law the learned Commissioner of Income-Tax (Appeals) National Faceless Appeal Centre erred in not considering the bank statement of the appellant, Ledger copy confirmation of the Builder and letter of allotment issued to the appellant by the builder submitted while disputing the proposed addition during the assessment proceedings.

1.      The present Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (the "Act") against order dated 05.12.2016, passed by the learned Gujarat State Consumer Disputes Redressal Commission, Ahmedabad ('State Commission') in FA No. 875/2014 wherein the State Commission allowed the Appeal filed by the OP against the District Consumer Disputes Redressal Forum, Navsari, ('the District Forum') order dated 28.11.2013 wherein the District Forum had allowed the complaint by the Petitioner.

2.      As per report of the Registry there is a delay of 91 days in filing of the Revision Petition. For the reasons stated in the Application seeking Condonation of delay, the same is condoned.

3.       The Complainant approached the Hon'ble National Consumer Disputes Redressal Commission with the following prayers:

"a) To compensate  the complainant for the actual loss suffered (amounting to Rs.1,03,83,335/-) and release the remaining claim amount for the loss due to fire amounting to Rs.60 Lakhs (Approximately) along with interest at the rate of 15% p.a. from the date of loss i.e. 22.05.2017 till its actual payment to the complainant.

b) To compensate and make payment of Rs.25,00,000/- as compensation on account of unfair trade practice, harassment, mental agony caused to the complainant by the misleading and negligent acts of respondent/Insurance Company and not paying the insurance claim at reinstatement value basis as specified in the insurance policy.

PER SUBHASH CHANDRA  

1.      This First Appeal under Section 51 of the Consumer Protection Act, 2019 (in short, 'the Act') challenges order dated 16.12.2020 of the State Consumer Dispute Redressals Commission, Delhi (in short, the 'State Commission') in Complaint No. 188 of 2020 holding that the appellants herein are not "consumers" under the purview of the Act and dismissing the complaint filed by them.

2.      The delay of 80 days in the filing of this complaint has been considered in the light of the fact that the impugned order was dated 16. 12.2020 and while the appeal was required to be filed within 30 days of receipt of order, this period coincided with the COVID-19 Pandemic and in terms of the order of the Hon'ble Supreme Court in Suo Moto Writ Petition No. 3 of 2020 dated 10.01.2022 the period for limitation stood extended.

HON'BLE MR. JUSTICE SAMEER JAIN Order 08/11/2024 None present on behalf of the petitioner. The present petition is filed in the Year 2021 qua the advertisement No.01/2018 dated 12.04.2018, with the prayers for allotment of home district as per the merit scored by the petitioner, however the same was not allotted and it is alleged that discrimination is caused qua the petitioner.

The matter is on board today after lapse of approximately four years and it appears that with efflux of time the lis in question does not survives.

[2024:RJ-JP:46386] (2 of 2) [CW-1283/2021] Accordingly, present petition is dismissed for non prosecution. Pending applications, if any, shall stand disposed of.

1. This anticipatory bail application has been filed by the accused-petitioners under Section 482 B.N.S.S., in connection with F.I.R. No.359/2024, registered at the Police Station Bassi Jaipur City (East), District Jaipur City (East) for the offences punishable under Sections 189(2), 115(2), 126(2) & 352 of BNS.

2. Heard.

3. Considered.

4. On perusal of the contents of the F.I.R., it is revealed that no specific overt act has been assigned to the accused-petitioners and the accused-petitioners are both women. The alleged incident has taken place all of a sudden at an agricultural field.

5. Taking into consideration the totality of the facts and [2024:RJ-JP:46170] (2 of 2) [CRLMB-12586/2024] circumstances of the case and more particularly the fact that the accused-petitioners both are women and no specific overt act has been assigned to the accused-petitioners in the First Information Report, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to extend the benefit of anticipatory bail to the petitioners.

For Petitioner(s) : Mr. Mohd Shakir Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This second bail application has been filed by the accused- petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.339/2024, registered at the Police Station Shahpura (Jaipur Rural), District Jaipur Rural for the offences punishable under Sections 331(4) & 305(a) of BNS.

2. The First Bail Application No.11258/2024 filed by the accused- petitioner was dismissed as withdrawn vide order dated 19.09.2024 with liberty to file fresh bail application after filing of the charge-sheet.

1. This second bail application has been filed by the accused- petitioner under Section 483 of B.N.S.S. in connection with FIR No.179/2024 registered at Police Station Khoh, District Deeg for the offences under Sections 319(2), 338, 336(3), 340(2), 61(2)

(a), 313, 317(5), 303(2) & 318(4) of BNS and Section 66D of I.T. (Amendment) Act, 2008.

2. The First Bail Application No.11314/2024 filed by the accused- petitioner was dismissed as withdrawn vide order dated 18.09.2024 with liberty to file fresh bail application after filing of the challan.

3. Learned counsels for the petitioner submit that the accused- petitioner has falsely been implicated in this matter. Counsels further submit that the Police after completion of investigation has [2024:RJ-JP:46166] (2 of 3) [CRLMB-13786/2024] submitted charge-sheet in the matter. Counsels also submit that the petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail.

1. This third bail application has been filed by the accused- petitioners under Section 483 of B.N.S.S. in connection with FIR No.197/2024 registered at Police Station Nagar, District Deeg for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(5), 303(2), 61(2)(a) & 313 of BNS and Section 66D of I.T. (Amendment) Act, 2008.

2. The First Bail Application No.11090/2024 filed by the accused- petitioners was dismissed vide order dated 09.10.2024 and the Second Bail Application No.13130/2024 filed by the accused- petitioners was dismissed as withdrawn vide order dated [2024:RJ-JP:46162] (2 of 3) [CRLMB-13773/2024] 25.10.2024 with liberty to file fresh bail application after filing of the charge-sheet.

izkFkhZ@vfHk;qDr dh vksj ls viuh fu;fer tekur gsrq ;g tekur izkFkZuk i= Hkkjrh; ukxfjd lqj{kk lafgrk dh /kkjk 483 ds varxZr iqfyl Fkkuk Hkqlkoj] ftyk Hkjriqj esa ntZ izFke lwpuk izfrosnu la[;k& 236@2023 vijk/k varxZr /kkjk 143] 323] 341] 365 Hkkjrh; naM lafgrk esa is"k fd;k x;k gSA izkFkhZ@vfHk;qDr ds fo}ku~ vf/koDrk dk rdZ gS fd izdj.k esa izkFkhZ@vfHk;qDr dks >wBk lac) fd;k x;k gS vkSj rnqijkar Hkkjrh; naM lafgrk dh /kkjk 308 ds varxZr vfHk;ksx i= izLrqr fd;k x;k gSA izkFkhZ@vfHk;qDr ds fo#) Hkkjrh; naM lafgrk dh /kkjk 308 ds varxZr izdj.k cuuk ugha ik;k tkrk gSA fpfdRld dh fjiksVZ ds vuqlkj vkgr dks dkfjr dksbZ Hkh pksV e`R;q dkfjr djus ds fy, laHkkfor ugha ikbZ xbZ gS vkSj u gh izk.k?kkrd ikbZ xbZ gS o vkgr dks dkfjr pksVsa fdlh ekfeZd Hkkx ij ugha gS] iSj ij dkfjr gSa] vf/kd ls vf/kd Hkkjrh; naM lafgrk dh /kkjk 325 ds varxZr vijk/k curk gS] tks fd vius vkiesa tekurh;

HON'BLE MR. JUSTICE SAMEER JAIN Order 08/11/2024 The matter pertains to the Year 2021. From a perusal of the Court file it is noted that no sincere efforts are taken by the counsel representing the parties, to contest the instant matter.

Even today, when the matter was called, no one appeared on behalf of the petitioner.

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.287/2024, registered at the Police Station Adarshnagar Jaipur City (East), District Jaipur City (East) for the offences punishable under Sections 140(2) & 142 of BNS.

2. Counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this matter. Counsel further submits that co-accused have already been enlarged on bail by this Court on 25.10.2024. Counsel further submits that the accused-petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail.

For Petitioner(s) : Mr. Sohan Kumawat for Mr. Shailender Balwada For Respondent(s) :

HON'BLE MR. JUSTICE SAMEER JAIN Order 08/11/2024 Learned counsel for the petitioner has submitted that vide an advertisement in the Year 2012, applications were invited for the [2024:RJ-JP:46382] (3 of 3) [CW-2354/2019] post of Constable moreover, total seats intake for the said post were approximately 49898.

It is further submitted that final result was declared and subsequent selection is made. Moreover, a legal notice was filed by the petitioner long ago.

izkFkhZ@vfHk;qDr dh vksj ls viuh fu;fer tekur gsrq ;g tekur izkFkZuk i= Hkkjrh; ukxfjd lqj{kk lafgrk dh /kkjk 483 ds varxZr iqfyl Fkkuk [kksg] ftyk Mhx esa ntZ izFke lwpuk izfrosnu la[;k& 106@2024 vijk/k varxZr /kkjk 379] 419] 420] 468] 471] 120ch Hkkjrh; naM lafgrk ,oa /kkjk 66Mh vkbZVh ,DV esa is"k fd;k x;k gSA izkFkhZ@vfHk;qDr ds fo}ku~ vf/koDrk dk rdZ gS fd izdj.k esa izkFkhZ@vfHk;qDr dks >wBk lac) fd;k x;k gSA izdj.k eftLVªsV }kjk fopkj.kh; gSA izkFkhZ@vfHk;qDr fnukad 27-07-2024 ls U;kf;d vfHkj{kk esa py jgk gS vkSj izdj.k esa izkFkhZ@vfHk;qDr ds fo#) vfHk;ksx i= izLrqr gks pqdk gSA izdj.k ds fopkj.k esa yack le; yxus dh laHkkouk gSA vr% izkFkhZ@vfHk;qDr dks tekur dk ykHk fn;k tk,A fo}ku~ yksd vfHk;kstd }kjk tekur vkosnu dk fojks/k fd;k x;kA mudk rdZ gS fd izkFkhZ@vfHk;qDr ds fo#) iwoZ esa 7 blh izdkj ds vkijkf/kd izdj.k iathc) gks pqds gSaA izkFkhZ@vfHk;qDr ,d vH;Lr vijk/kh gSA vr% izkFkhZ@vfHk;qDr dks ;fn tekur dk ykHk fn;k tkrk gS rks izkFkhZ@vfHk;qDr ds iqu% vijk/k esa lac) gksus dh laHkkouk ls budkj ugha [2024:RJ-JP:46141] (2 of 2) [CRLMB-11696/2024] fd;k tk ldrk gSA vr% izkFkhZ@vfHk;qDr dk tekur vkosnu vLohdkj fd;k tk,A cgl lquh xbZA i=koyh dk voyksdu fd;k x;kA izdj.k vuU; :i ls eftLVªsV }kjk fopkj.kh; gSA izdj.k esa izkFkhZ@vfHk;qDr fnukad 27-07-2024 ls U;kf;d vfHkj{kk esa py jgk gSA rnqijkar iqfyl }kjk izkFkhZ@vfHk;qDr ds fo#) vfHk;ksx i= izLrqr fd;k tk pqdk gSA ;|fi ;g lgh gS fd izkFkhZ@vfHk;qDr ds fo#) iwoZ esa Hkh vkijkf/kd izdj.k iathc) gks pqds gSa] ijarq pw¡fd izdj.k ds fopkj.k esa yack le; yxus dh laHkkouk gS vkSj izdj.k eftLVªsV }kjk fopkj.kh; gS] eSa izkFkhZ@vfHk;qDr dks tekur dk ykHk fn;k tkuk mfpr le>rk gw¡A izkFkhZ@vfHk;qDr dk tekur vkosnu Lohdkj fd;k tkrk gSA ifj.kker% izkFkhZ@vfHk;qDr vkfjQ mQZ ccyw iq= vklw dh vksj ls izLrqr tekur izkFkZuk i= Lohdkj fd;k tkrk gS vkSj vkns"k fn;k tkrk gS fd ;fn izkFkhZ@vfHk;qDr bl ekeys esa fo}ku fopkj.k U;k;ky; ds larks'kizn] muds U;k;ky; esa fu;r frfFk;ksa ij ,oa tc Hkh mls ryc fd;k tkos] mifLFkfr gsrq 50]000@& dk O;fDrxr ca/ki= o 25]000&25]000@& #i;s dh nks lqn`<+ ,oa fo"oluh; izfrHkwfr;ka izLrqr djs rFkk mldh fdlh vU; izdj.k esa vko";drk u gks rks vfoyEc fuEu "krZ ij tekur ij fjgk dj fn;k tkosA "krZ%& izkFkhZ@vfHk;qDr izR;sd ekg dh 25 rkjh[k dks lacaf/kr Fkkukf/kdkjh ds le{k viuh mifLFkfr ntZ djk, rFkk lacaf/kr Fkkukf/kdkjh vfHk;qDr dh mifLFkfr dks fu;ekuqlkj jftLVj esa ntZ djsxk o vfHk;qDr ds vuqifLFkr gksus ij lwpuk fopkj.k U;k;ky; ds le{k izLrqr djsxkA vfHk;qDr dh vuqifLFkfr ds vk/kkj ij lacaf/kr yksd vfHk;kstd vfHk;qDr dh tekur dks fujLr djus gsrq /kkjk 439¼2½ lhvkjihlh ds varxZr l{ke U;k;ky; ds le{k vkosnu izLrqr djus dks Lora= jgsxkA (PRAVEER BHATNAGAR),J MOHIT/Rameshwar/ 20 Powered by TCPDF (www.tcpdf.org)

izkFkhZ@vfHk;qDr dh vksj ls viuh fu;fer tekur gsrq ;g tekur izkFkZuk i= Hkkjrh; ukxfjd lqj{kk lafgrk dh /kkjk 483 ds varxZr iqfyl Fkkuk tqjgjk] ftyk Mhx esa ntZ izFke lwpuk izfrosnu la[;k& 161@2024 vijk/k varxZr /kkjk 379] 419] 420] 468] 471] 120ch Hkkjrh; naM lafgrk ,oa /kkjk 66Mh vkbZVh ,DV esa is"k fd;k x;k gSA izkFkhZ@vfHk;qDr ds fo}ku~ vf/koDrk dk rdZ gS fd izdj.k esa izkFkhZ@vfHk;qDr dks >wBk lac) fd;k x;k gSA izdj.k eftLVªsV }kjk fopkj.kh; gSA izkFkhZ@vfHk;qDr fnukad 26-07-2024 ls U;kf;d vfHkj{kk esa py jgk gS vkSj izdj.k esa izkFkhZ@vfHk;qDr ds fo#) vfHk;ksx i= izLrqr gks pqdk gSA izdj.k ds fopkj.k esa yack le; yxus dh laHkkouk gSA vr% izkFkhZ@vfHk;qDr dks tekur dk ykHk fn;k tk,A fo}ku~ yksd vfHk;kstd }kjk tekur vkosnu dk fojks/k fd;k x;kA mudk rdZ gS fd izkFkhZ@vfHk;qDr ds fo#) iwoZ esa 7 blh izdkj ds vkijkf/kd izdj.k iathc) gks pqds gSaA izkFkhZ@vfHk;qDr ,d vH;Lr vijk/kh gSA vr% izkFkhZ@vfHk;qDr dks ;fn tekur dk ykHk fn;k tkrk gS rks izkFkhZ@vfHk;qDr ds iqu% vijk/k esa lac) gksus dh laHkkouk ls budkj ugha [2024:RJ-JP:46143] (2 of 2) [CRLMB-12284/2024] fd;k tk ldrk gSA vr% izkFkhZ@vfHk;qDr dk tekur vkosnu vLohdkj fd;k tk,A cgl lquh xbZA i=koyh dk voyksdu fd;k x;kA izdj.k vuU; :i ls eftLVªsV }kjk fopkj.kh; gSA izdj.k esa izkFkhZ@vfHk;qDr fnukad 26-07-2024 ls U;kf;d vfHkj{kk esa py jgk gSA rnqijkar iqfyl }kjk izkFkhZ@vfHk;qDr ds fo#) vfHk;ksx i= izLrqr fd;k tk pqdk gSA ;|fi ;g lgh gS fd izkFkhZ@vfHk;qDr ds fo#) iwoZ esa Hkh vkijkf/kd izdj.k iathc) gks pqds gSa] ijarq pw¡fd izdj.k ds fopkj.k esa yack le; yxus dh laHkkouk gS vkSj izdj.k eftLVªsV }kjk fopkj.kh; gS] eSa izkFkhZ@vfHk;qDr dks tekur dk ykHk fn;k tkuk mfpr le>rk gw¡A izkFkhZ@vfHk;qDr dk tekur vkosnu Lohdkj fd;k tkrk gSA ifj.kker% izkFkhZ@vfHk;qDr vkfjQ mQZ ccyw iq= vklw dh vksj ls izLrqr tekur izkFkZuk i= Lohdkj fd;k tkrk gS vkSj vkns"k fn;k tkrk gS fd ;fn izkFkhZ@vfHk;qDr bl ekeys esa fo}ku fopkj.k U;k;ky; ds larks'kizn] muds U;k;ky; esa fu;r frfFk;ksa ij ,oa tc Hkh mls ryc fd;k tkos] mifLFkfr gsrq 50]000@& dk O;fDrxr ca/ki= o 25]000&25]000@& #i;s dh nks lqn`<+ ,oa fo"oluh; izfrHkwfr;ka izLrqr djs rFkk mldh fdlh vU; izdj.k esa vko";drk u gks rks vfoyEc fuEu "krZ ij tekur ij fjgk dj fn;k tkosA "krZ%& izkFkhZ@vfHk;qDr izR;sd ekg dh 25 rkjh[k dks lacaf/kr Fkkukf/kdkjh ds le{k viuh mifLFkfr ntZ djk, rFkk lacaf/kr Fkkukf/kdkjh vfHk;qDr dh mifLFkfr dks fu;ekuqlkj jftLVj esa ntZ djsxk o vfHk;qDr ds vuqifLFkr gksus ij lwpuk fopkj.k U;k;ky; ds le{k izLrqr djsxkA vfHk;qDr dh vuqifLFkfr ds vk/kkj ij lacaf/kr yksd vfHk;kstd vfHk;qDr dh tekur dks fujLr djus gsrq /kkjk 439¼2½ lhvkjihlh ds varxZr l{ke U;k;ky; ds le{k vkosnu izLrqr djus dks Lora= jgsxkA (PRAVEER BHATNAGAR),J MOHIT/Rameshwar/ 29 Powered by TCPDF (www.tcpdf.org)

Connected With S.B. Civil Writ Petition No. 4282/2021

1. Rahul Choudhary Son Of Shri Devendra Singh, Aged About 24 Years, Resident Of Ajeetpatti, Magorra, Mathura U.p.

2. Suresh Kumar Gautam Son Of Shri Udal Prasad Gautam, Resident Of 90, Saroj Vihar, Balajipuram, Aurangabad, Mathura, U.P.

3. Deepak Singh Son Of Shri Gulab Singh, Resident Of Baroli Chauth, Bharatpur (Raj.)

4. Ankit Chaturvedi Son Of Shri Gyanendra Chaturvedi, Resident Of Nayabas, (Kyrakhera), Koyal, Raya, Mathura, U.P.

5. Anuj Kumar Son Of Shri Rohtash Singh, Resident Of House No. 8/62/3, New Kaushalpur, Agra, Dayalbag, U.P.

Connected With S.B. Civil Writ Petition No. 4282/2021

1. Rahul Choudhary Son Of Shri Devendra Singh, Aged About 24 Years, Resident Of Ajeetpatti, Magorra, Mathura U.p.

2. Suresh Kumar Gautam Son Of Shri Udal Prasad Gautam, Resident Of 90, Saroj Vihar, Balajipuram, Aurangabad, Mathura, U.P.

3. Deepak Singh Son Of Shri Gulab Singh, Resident Of Baroli Chauth, Bharatpur (Raj.)

4. Ankit Chaturvedi Son Of Shri Gyanendra Chaturvedi, Resident Of Nayabas, (Kyrakhera), Koyal, Raya, Mathura, U.P.

5. Anuj Kumar Son Of Shri Rohtash Singh, Resident Of House No. 8/62/3, New Kaushalpur, Agra, Dayalbag, U.P.

Connected With S.B. Civil Writ Petition No. 4282/2021

1. Rahul Choudhary Son Of Shri Devendra Singh, Aged About 24 Years, Resident Of Ajeetpatti, Magorra, Mathura U.p.

2. Suresh Kumar Gautam Son Of Shri Udal Prasad Gautam, Resident Of 90, Saroj Vihar, Balajipuram, Aurangabad, Mathura, U.P.

3. Deepak Singh Son Of Shri Gulab Singh, Resident Of Baroli Chauth, Bharatpur (Raj.)

4. Ankit Chaturvedi Son Of Shri Gyanendra Chaturvedi, Resident Of Nayabas, (Kyrakhera), Koyal, Raya, Mathura, U.P.

5. Anuj Kumar Son Of Shri Rohtash Singh, Resident Of House No. 8/62/3, New Kaushalpur, Agra, Dayalbag, U.P.

2. Sumit Bhardwaj Tehsildar (L.r), Laxmangarh, District Alwar

3. Shriram Meena S/o Deviram Meena, Principal Government Upper Primary School Kajota Laxmangarh

4. Mukesh Chand Meena, Lr Mauzpur

5. Sanjay Kumar Meena Patwari, Chimrawali Gaur

6. Imtiyaj Mohammed Patwari, Mauzpur A

7. Bhagat Singh Choudhari Patwari, Mauzpur B

----Accused/Respondents For Petitioner(s) : Mr. Anoop Agarwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 05/11/2024 Counsel for the petitioner submits that against the order passed by the Special Judge SC/ST (Prevention of Atrocities) Cases, an appeal is provided under Section 14-A of the The Schedule Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short 'the Act of 1989').

For Petitioner(s) : Mr. Meghraj Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.437/2024, registered at the Police Station Niwai, District Tonk for the offences punishable under Sections 3, 25(1)(b) & 25(8) of Arms Act.

2. Heard.

3. Considered.

4. Having regard the submissions made by counsel for the petitioner so also the fact that no recovery has been effective from the accused-petitioner and more particularly the co-accused have already been enlarged on bail by this Court on 24.10.2024 and the accused-petitioner is in custody since long time, this Court without expressing any opinion on the merits and demerits of the case, [2024:RJ-JP:46153] (2 of 2) [CRLMB-13722/2024] deems just and proper to enlarge the petitioner on bail.

For Petitioner(s) : Mr. Meghraj Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.438/2024, registered at the Police Station Niwai, District Tonk for the offences punishable under Sections 3, 25(1)(b) & 25(8) of Arms Act.

2. Heard.

3. Considered.

4. Having regard the submissions made by counsel for the petitioner so also the fact that no recovery has been effective from the accused-petitioner and more particularly the co-accused have already been enlarged on bail by this Court on 24.10.2024 and the accused-petitioner is in custody since long time, this Court without expressing any opinion on the merits and demerits of the case, [2024:RJ-JP:46152] (2 of 2) [CRLMB-13712/2024] deems just and proper to enlarge the petitioner on bail.

----Respondent For Petitioner(s) : Mr. Amit Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.263/2024, registered at the Police Station Special Crime and Cyber Crime Police Station, Commissionerate Jaipur for the offences punishable under Sections 420, 406, 419, 120-B of IPC and 66 (C), 66 (D) of IT Act.

2. Heard.

For Petitioner(s) : Mr. Ashindra Gautam For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.179/2024, registered at the Police Station Mantown, District Sawai Madhopur for the offences punishable under Sections 365, 382, 336, 379, 323 & 143 of IPC.

2. Counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this matter. Counsel further submits that co-accused namely; Abhishek S/o Hira Lal has already been enlarged on bail by this Court on 24.10.2024. Counsel further submits that the accused-petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail.

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.71/2024, registered at the Police Station Clock Tower, District Ajmer for the offences punishable under Sections 143, 323, 341 & 308 of IPC.

2. Counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this matter. Counsel further submits that co-accused have already been enlarged on bail by this Court on 22.10.2024. Counsel further submits that the accused-petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail.

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

CRL.A. 171/2022 & CRL.A. 160/2023

2. These are two appeals filed by the Appellant- Sanjev Kumar under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter 'SC/ST Act'). The aforesaid appeals arise out of Complaint Case no. 592/2018 before the ld. ASJ, South, Saket Courts.

3. In CRL.A. 171/2022, the Appellant challenges the interim order dated 16th October, 2021, passed by the ld. ASJ, South, Saket Courts, in the aforesaid complaint case, whereby the application seeking summoning of SI Satish Lohia as an accused under Section 319 of CrPC was dismissed.

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

CRL.A. 171/2022 & CRL.A. 160/2023

2. These are two appeals filed by the Appellant- Sanjev Kumar under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter 'SC/ST Act'). The aforesaid appeals arise out of Complaint Case no. 592/2018 before the ld. ASJ, South, Saket Courts.

3. In CRL.A. 171/2022, the Appellant challenges the interim order dated 16th October, 2021, passed by the ld. ASJ, South, Saket Courts, in the aforesaid complaint case, whereby the application seeking summoning of SI Satish Lohia as an accused under Section 319 of CrPC was dismissed.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Appeal No.9 of 2024 along with Arbitration Appeal Nos.86 & 88 of 2024 Date of decision: 12.11.2024

1. Arbitration Appeal No.9 of 2024 National Highway Authority of India. ...Appellant.

Versus Rajesh Kaptyaksh. ...Respondent. 2. Arbitration Appeal No.86 of 2024 National Highway Authority of India. ...Appellant. Versus Narain Singh. ...Respondent. 3. Arbitration Appeal No.88 of 2024 National Highway Authority of India. ...Appellant. Versus Babu Ram. ...Respondent. Coram:

SANJEEV NARULA, J.:

1. Mr. Khalid Jahangir Qazi, a national of United States of America holding the status of an Overseas Citizen of India,1 has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, 1950, seeking entry to India. He challenges the legality of two restrictive measures imposed upon him - order dated 12th May, 2023 issued by the Consulate General of India, New York,2 cancelling his OCI card under the Citizenship Act, 1955,3 and the Citizenship Rules, 2009; and a subsequent blacklisting order issued by the Ministry of Home Affairs, under the Foreigners Act, 1946,4 restraining his entry into India. The underlying basis of these actions, as asserted by the Respondents, is the Petitioner's alleged involvement in activities deemed to be prejudicial to the interests of India.

CHANDRA DHARI SINGH, J.

1. The instant regular first appeal has been filed by the appellants under Section 96 of the Code of Civil Procedure, 1908 (hereinafter as 'CPC') seeking the following reliefs:

Signature Not Verified

RFA 9/2022 Page 1 of 60

Digitally Signed By:PRAVEEN

KUMAR BABBAR

Signing Date:12.11.2024

18:37:54

"(a) call, summon and peruse the records of the Ld. Trial Court of Sh. Jay Thareja, Ld. ADJ-07, South-East District, Saket Courts, Delhi in Civil Suit No.7447/2016 titled as "Apama Ashram Vs. Mohan Jha & Ors. ";

ANISH DAYAL, J.

"Every saint has a past, every sinner has a future"

- Justice V.R Krishna Iyer.

These words resonate deeply in the assessment by this Court of the plea of premature release after 26 years of incarceration.

Signature Not Verified

Digitally Signed

By:MANISH KUMAR W.P.(CRL) 1485/2024 Page 1 of 58

Signing Date:12.11.2024

12:03:39

1. The petitioner seeks directions for setting aside the Minutes of Meeting of the Sentence Review Board ("SRB") held on 30th June 2023 rejecting the premature release of the petitioner and order dated 21 st November 2023 by which the Minutes of SRB were approved by the Hon'ble Lieutenant Governor, Delhi; ("LG"). Petitioner, therefore, seeks directions for premature release in FIR No.48/2001, PS Rajender Nagar for offences under Sections 302/186/353/34 of the Indian Penal Code, 1860 ('IPC'), Sections 25/27 of the Arms Act, 1959 and Section 68 of the Excise Act, 2009. Additionally, the petitioner prays that this Court frames guidelines to ensure that all decisions taken by the SRB are in consonance with the Delhi Prisons Rules, 2018 ("DPR").

1. In this original application, registered suo motu, the Tribunal is considering the issue of delay in filing the reports by the State Expert Committees and its effect on the unclassed forests.

2. By order dated 31.07.2024, 38 respondents were impleaded and notices have been served upon them.

3. Replies on behalf of only UT of Ladakh and State of Andhra Pradesh have been received.

4. The previous order also indicates that there are 7 States, i.e., Goa, Haryana, Jammu & Kashmir, Ladakh, Lakshadweep, Tamil Nadu and West Bengal, who do not appear to have constituted the Expert Committees till now.

5. Learned Counsel appearing for the MoEF&CC submits that the Ministry is in touch with the authorities of all the States and the last meeting was held on 03.10.2024 and that after collecting the relevant information, the MoEF&CC will file the reply within four weeks.

1. The Miscellaneous application has been moved for clarification in respect of directions issued by this Tribunal in Original Application No. 194/2024 dated 30.09.2024.

2. Issue notice to the respondents returnable within four weeks. Respondents are directed to submit their reply within six weeks through E-filing portal, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.

3. Applicant is directed to take necessary steps for service to the respondents by both ways and also on available email.

M A No. 19/2024(CZ) Dr. Brijmohan Sapoot Kala Sanskriti Sewa Sansthan vs. State of Rajasthan

4. Applicant is directed to supply the copy of the application and relevant documents to the Respondent(s) within a week and after compliance of service, the applicant has to submit an affidavit that the notice and copy of the application have been served upon the respondent(s).

1. Heard Ms. Aishwarya Singh, learned Counsel holding brief of Mr. Dhananjay Mishra, learned Counsel appearing (in Virtual Mode) for the Applicant on admission.

2. The learned Counsel is referring to document at page 42 of the Original Application which is in Hindi vernacular. The Applicant should have filed the English translation of the said document since the Hon'ble Expert Member sitting at Chennai Bench cannot be expected to read this document.

3. Even otherwise, Rule 33 of the National Green Tribunal (Practices & Procedure) Rules 2011 provides in clear and candid terms that the language of the Tribunal shall be English provided that the parties to a proceeding before the Tribunal may file documents drawn up in Hindi, if they so desire. Provided further that the Tribunal may, in its discretion permit the use of Hindi in the proceedings, and the Tribunal hearing any matter in its discretion direct English translation of pleadings and documents to be filed.

1. Case called out. No one is present on behalf of the Applicant.

2. Affidavit dated 04.11.2024 has been filed by the Respondent No.3, Central Pollution Control Board bringing on record the Joint Committee Report; the same is taken on record.

3. We find that the Bharat Coking Coal Limited (BCCL) has not been impleaded in the present proceedings as Respondent. We, accordingly direct the Bharat Coking Coal Limited (BCCL) through its Chief Managing Director (CMD) be impleaded in the array of Respondents as Respondent No.5.

4. Issue notice to the newly added Respondent No.5 in the following address, returnable within four weeks: -

The 'preliminary report' dated 24.07.2020 filed by the Expert Committee constituted by this Tribunal vide order dated 24.06.2020 is taken on record. On the request of learned Counsel appearing for the parties, adjourned to 06.08.2020. Liberty to file further submission, if any, before the next date.

Adarsh Kumar Goel, CP S. P. Wangdi, JM Dr. Nagin Nanda, EM July 29, 2020 Original Application No. 43/2020(EZ) & Original Application No. 44/2020(EZ) DV

1. Case taken up by video conference on Vidyo App.

2. These cases are taken up together as identical questions have been raised. The Applicant in O.A. No. 43/2020/EZ, an environmentalist, who has preferred the application alleging failure of the Respondent Authorities in preventing the blowout of Baghjan 5 oil well of the Respondent No. 1, M/s. Oil India Ltd. (OIL in short), resulting in a massive fire causing irreparable loss to the entire biodiversity of the region and loss of lives and property.

3. It is stated that on 27.05.2020 at around 10:30 AM the producing well of Baghjan 5 under the Baghjan Oilfield of OIL in Tinsukia District, Assam, released natural gas in an uncontrolled manner. Baghjan is one of the 23 oil wells set up by OIL to tap the large gas reserves in the Brahmaputra basin located near the Eco Sensitive Zone (ESZ) of the Dibru-Saikhowa National Park. The released gas is stated to be a mix of propane, methane, propylene and other gases that flow with the wind the condensate of which mostly falls on the bamboo groves, tea gardens, banana trees and betel nut trees in the area and also spread into the Dibru- Saikhowa National Park which, according to the Applicant, records over 40 mammals, 500 species of birds, 104 fish species, 105 butterfly species and 680 types of plants, including a wide variety of rare orchids. It harbours the tiger, elephant, wild buffalo, leopard, hoolock gibbon, capped langur, slow loris, Gangetic dolphin, besides critically endangered bird species such as the Bengal Florican, White Winged Duck, Greater Adjutant stork, White rumped vulture, slender billed vulture as well as the rare and endemic Black-breasted parrotbill.

11/11/2024 This application for bail under Section 483 BNSS 2023 has been filed by the petitioner who has been arrested in connection with FIR No. 0006/2024, registered at Police Station Rawatsar, District Hanumangarh, for offences under Sections 363, 366-A, 354-D IPC and sections 5(l)6 and 11/12 of POCSO Act.

As per the prosecution, the petitioner on the date of alleged incident forcibly took the victim Mst.'R' away from the company of her mother and took her to Rawatsar, Nyolkhi, Sonadi etc. Thereafter, the victim Mst.'R' was subjected to forcible sexual assault-rape by the present petitioner.

Learned counsel submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that a bare perusal the statements of the victim Mst.'R' would indicate that at the time when she was being forcibly taken away [2024:RJ-JD:45324] (2 of 3) [CRLMB-8220/2024] from the company of her mother, neither she nor her mother shouted for any help. Further, while she was forced to travel with the petitioner in public transportation to various places, she despite having ample opportunities did not shout for any help or inform anyone about the incident. Learned counsel submitted that the behaviour of the victim Mst.'R' is highly unnatural and indicates that she has levelled false allegations against the petitioner only with a view to falsely rope him in a criminal case.

Order 12/11/2024 This application for bail under Section 483 BNSS has been filed by the petitioners who have been arrested in connection with F.I.R. No.21/2024 registered at Police Station Gangasheher, Dist. Bikaner, for the offences under Sections 323, 341, 354, 307 and 143 of IPC.

At the outset, learned counsel for the petitioner does not want to press the instant bail application at this stage on behalf of the petitioner No.1- Mohammed Imran Rehmani S/o Mohammed [2024:RJ-JD:45679] (2 of 4) [CRLMB-10861/2024] Ayub Rehmani but, he seeks leave of the Court to file a fresh bail application after the statements of the injured- Ajeez are recorded.

[2024:RJ-JD:45705] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13676/2024 Ganpat Singh S/o Misri Singh, Aged About 23 Years, R/o Village Narsingo Ki Dhani, P.s. Khuhari, Dist. Jaisalmer. Presently Lodged In Dist. Jail Jaisalmer)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent For Petitioner(s) : Mr. Hitendra Singh For Respondent(s) : Mr. Surendra Bishnoi, Public Prosecutor JUSTICE DINESH MEHTA Order 12/11/2024

Order 12/11/2024 These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.376/2020 registered at Police Station Ratangarh, District Churu, for offences under Sections 8/21, 22, 8/25, 8/29 of the NDPS Act.

[2024:RJ-JD:45546] (2 of 4) [CRLMB-11930/2023] Learned counsel submitted that as per the prosecution, during naakabandi, on 04.11.2020, a team of Police Station Ratangarh intercepted one Maruti car having registration No.DL- 09-CB-6368. Upon a search being made, the contraband (15,600 tablets of tramadol) was recovered in one plastic bag. They were arrested on the spot.

[2024:RJ-JD:45604] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11138/2024 Gurvindra Singh @ Gindi S/o Dilawar Singh, Aged About 35 Years, R/o Kamalewala, Teh. And Dist. Firozpur, Punjab (Lodged In Sub Jail Anupgarh)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent For Petitioner(s) : Mr. Navneet Poonia For Respondent(s) : Mr. Dhanraj Vaishnav, PP JUSTICE DINESH MEHTA Order 12/11/2024

Order 12/11/2024 These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.376/2020 registered at Police Station Ratangarh, District Churu, for offences under Sections 8/21, 22, 8/25, 8/29 of the NDPS Act.

[2024:RJ-JD:45546] (2 of 4) [CRLMB-11930/2023] Learned counsel submitted that as per the prosecution, during naakabandi, on 04.11.2020, a team of Police Station Ratangarh intercepted one Maruti car having registration No.DL- 09-CB-6368. Upon a search being made, the contraband (15,600 tablets of tramadol) was recovered in one plastic bag. They were arrested on the spot.

Judgment 11/11/2024 Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 21.12.2023 passed by learned Additional Sessions Judge No.2, Udaipur in Session Case No.241/2020 by which the learned Judge convicted the appellant for offence under Sections 307, 326, 324 & 448 IPC and Section 4/25 of Arms Act and sentenced him as under :

Offence Sentence Fine & default sentence Sec. 307 10 years SI Rs.25,000/- & in default of payment, IPC undergo 2 months Addl. SI Sec. 326 7 years SI Rs.5,000/- & in default of payment, IPC undergo 1 month Addl. SI Sec. 324 2 years SI Rs.500/- & in default of payment, IPC undergo 7 days Addl. SI Sec 448 IPC 1 year SI -- Sec. 4/25 of 3 years SI Rs.2,000/- & in default of payment, Arms Act undergo 15 days Addl. SI [2024:RJ-JD:45484] (2 of 4) [CRLAS-422/2024]

2. All the petitioners are accused in FIR No.40/2011 registered with Police Station Kotawali in the District of Jaisalmer for Offences under Sections 353, 332/34 of IPC and Section 3(1)(X) of Schedule Caste and Scheduled Tribe (Prevention of Atrocities Act).

3. By the impugned order dated 13.09.2023, the charges were ordered to be framed for offences under Sections 353, 332/34 of IPC as well as Section 3(1)(X) of Schedule Caste and Scheduled [2024:RJ-JD:44266] (2 of 5) [CRLAS-2169/2023] Tribe (Prevention of Atrocities Act), 1989 (for short "the Act of 1989").

4. The prosecution case is that on 31.01.2011, respondent No.2 along with other officials had gone to identify the area of encroachment on the public land made by Achal Singh, petitioner No.1. When the informant was measuring the site, all the petitioners objected and allegedly committed abuses like Bhangi, Neech, Bhikhari, Mangani to the informant and others and they committed assault as well.

[2024:RJ-JD:45724] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. 2nd Bail Application No. 13173/2024 Sudhir Kumar S/o Mahendra Kumar, Aged About 28 Years, R/o Khairpur, Police Station Bahavwala, District Fazila, Punjab.

(At Present Lodged In District Jail Hanumangarh)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent For Petitioner(s) : Mr. S.R. Godara For Respondent(s) : Mr. Surendra Bishnoi, Public Prosecutor JUSTICE DINESH MEHTA Order 12/11/2024

Order 11/11/2024

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No. Particulars of the Case 2. Concerned Police Station Sojat Road 3. District Pali 4. Offences alleged in the FIR Under Sections 307/34 of of the NDPS Act and Section 3/25 of the Arms Act of the 5. Offences added, if any --

Order 12/11/2024

1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.40/2024, registered at Police Station Kalinjara, District Banswara, for offences under Sections 302/34, 201 & 120-B of IPC; Section 4/25 of Arms Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submitted that as per the prosecution, co-accused Ashish was having love affair with the deceased- Kokila. The co-accused Ashish on turning relations sour with the deceased Kokila hatched a criminal conspiracy with the present petitioner to kill her. In furtherance of the said conspiracy, the petitioner and co-accused Ashish took the deceased- Kokila to [2024:RJ-JD:45612] (2 of 4) [CRLMB-9555/2024] a nearby place on a motorbike which was being driven by the present petitioner. The co-accused Ashish, thereafter, took the deceased- Kokila in a nearby dry river (nala) and cut her throat by a sharp weapon (knife). Learned counsel for the petitioner submitted that on a bare perusal of the challan pappers and the statements of the various witnesses recorded by the investigating agency under Section 161 Cr.P.C., it is clearly established that the petitioner had no motive to commit the alleged crime. At the time when the deceased- Kokila was killed by the co-accused Ashish, the petitioner was not present at the place of incident. As a matter of fact, there is nothing on record to indicate that the petitioner was having any knowledge about the intentions of the co-accused Ashish to commit the alleged crime. Learned counsel submitted that the only allegation against the present petitioner is of taking the co-accused Ashish and deceased Kokila to a nearby place on motorbike on request being made by them. Learned counsel further submitted that the sharp weapon (knife) and a motorbike allegedly used in the commission of crime have been recovered at the instance of the co-accused Ashish. Learned counsel submitted that there is no incriminating material available on record indicating the involvement of present petitioner in the commission of alleged crime.

Order 07/11/2024 Instant revision petition under Section 397/401 Cr.P.C has been filed against the order dated 19.09.2022 passed by learned Additional Sessions Judge, Sanchore, District Jalore in Criminal Revision No. 10/2020 whereby, the order passed by learned Judge, Gram Nyayalay, Sanchore dated 15.10.2016 taking cognizance against the respondents for offence under Section 447, 427/34 IPC was quashed.

Brief facts of the case are that the complainant petitioner lodged a written report before the Police station, Sanchore stating therein that his ancestral land is situated in village Bhadwal fitted [2024:RJ-JD:44968] (2 of 6) [CRLR-1339/2022] with iron gate and fencing. It was alleged that on 20.11.2015, the accused persons including Shamji, Kesa, Daya Ram, Lalji, Jitu, Lumba, Sukhdev armed with Geti and Spade forcibly entered into the plot and broke the slabs, boundary wall etc. It was further alleged that the accused persons took away the iron gate with them. On this report a case under Section 143, 447, 427, 379 IPC was registered against the accused persons and investigation commenced. After investigation, the police filed chargesheet against Lala Ram, Kesa Ram, Sukhdev @ Suresh, Lumba Ram under Section 447 and 427/34 IPC and thereafter, charges were framed against the accused persons under Section 447, 427/34 IPC.

[2024:RJ-JD:43970] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2596/2023 Pappu Lal @ Dinesh Kumar S/o Shankar Lal Sharma, Aged About 55 Years, R/o Semarathi P.s., Chhoti Sadar Dist. Pratapgarh (At Present Lodged In Central Jail, Udaipur)

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent Connected With S.B. Criminal Appeal (Sb) No. 1157/2023 Suresh Kumar S/o. Udai Lal Gurjar, aged 35 years, R/o. Semarthali, Police Station Choti Sadari, District Pratapgarh. (Presently Lodged in District Jail, Chittorgarh)